(c) Violation of inmate disciplinary rules under ch. DOC 303.
(d) Disruption to the orderly processes of an institution.
(e) Participation and progress in program or treatment.
(f) Adjustment and history under community supervision.
(g) Pending legal processes.
(3) The department initiates custody classification at A&E and changes it by an individualized assessment through the program review process using factors identified in s. DOC 302.07.
DOC 302.05 Custody classification levels. An inmate is classified under one of the following 5 custody classification levels based upon the result of an assessment of the inmate's risk under the A&E or PRC process:
(1) Maximum custody requires very close monitoring of inmate conduct, behavior and activities.
(2) Medium custody requires moderate monitoring of inmate conduct, behavior and activities.
(3) Medium-out custody requires moderate monitoring of inmate conduct, behavior and activities inside the institution and permits placement outside the confines of the institution under supervision.
(4) Minimum custody requires general monitoring of inmate conduct, behavior and activities inside the institution and permits placement outside the confines of the institution.
(5) Community custody requires limited monitoring of inmate conduct, behavior and activities. This classification is used for the following activities:
(a) Work or study release under ch. DOC 324.
(b) Off-grounds projects under the supervision of non-correctional staff under ch. DOC 325.
(c) Driving institution vehicles under ch. DOC 325.
(d)
Leave for qualified inmates under ch. DOC 326.
(e)
Community residential confinement under ch. DOC 327.
(f)
Intensive sanctions under ch. DOC 333.
(g)
Other programs which the department may establish.
DOC 302.06 Institutional security classifications and relationship to custody classification. (1) Except for inmates awaiting transfers, and institutions in which there is a declared emergency or disturbance, an inmate's custody classification shall be no greater than the designated security classification of the institution in which the inmate is placed.
(2) Segregation units at any facility are considered maximum security.
DOC 302.07 Factors in assigning a custody classification. The department may consider factors that include but are not limited to the following in assigning custody classification:
(1) The nature and seriousness of the offense the inmate was convicted of. In evaluating the seriousness of the offense, the department may consider the following:
(a) Potential of physical danger to another.
(b) Harm done to the victim in the commission of the offense.
(c) Whether the inmate exhibited physical aggressiveness that exposed another to harm.
(d) Aggravating or mitigating factors in the commission of the offense for which the inmate was convicted.
(2) The inmate's criminal record and juvenile delinquency adjudications.
(3) The length of sentence being served.
(4) The inmate's motivation for the crime convicted of.
(5) The inmate's attitude regarding the offense and sentence.
(6) The inmate's record of adjustment and misconduct including any record of escape from a department facility, IS, a mental health facility, a local jail or any other confinement facility, or absconding from probation, parole, or extended supervision.
(7) The length of time the inmate has been in a particular custody classification and overall time served during the current period of incarceration.
(8) The inmate's medical and clinical needs, including physical or psychological treatment and observation.
(9) The risk of placing an inmate in the community where the offense was committed or where the institution is located, including the general attitude of the public as reflected by elected officials, judges, sheriffs, district attorneys, or a victim or witness.
(10) The inmate's performance or refusal to participate in programs or treatment
(11) A pending legal process, notification or detainer.
(12) Parole commission actions and stated expectations, and in the absence of any stated expectations, the likelihood of a release during the review period.
(13) The results of specially designed and researched risk rating instruments developed to assist with the individualized and objective assessment of a custody classification or program and treatment assignments and placements.
(14) The inmate's vulnerability to physical assault by other inmates.
DOC 302.08 Requirements for assigning a minimum custody classification to an inmate serving a life sentence. (1) In this section, "life sentence" means a sentence of life imprisonment An inmate sentenced to life imprisonment who is released on parole, violates a condition of parole and is returned to a state correctional institution with or without a new sentence is considered to be serving a life sentence. If the governor pardons or commutes a life sentence, it is no longer a life sentence. The life sentence definition also applies to an inmate from another jurisdiction who is serving a sentence of life imprisonment under that jurisdiction's laws.
(2) To be eligible for a minimum custody classification, an inmate serving a life sentence shall have:
(a)
Reached parole eligibility as defined in ss. 304.06 (1) and 973.014, Stats.
(b)
A recommendation for minimum custody classification made by the PRC under s. DOC 302.17.
(c)
Director's approval for minimum custody classification.
DOC 302.09 Program consideration. Unless otherwise specified by the rules of the department or by state and federal law, inmates may be considered for school assignments, vocational programs or treatment assignments within the Wisconsin correctional system if all of the following conditions are met:
(1)
The inmate has a program or treatment need that the program being considered would meet.
(2) There is space available in the program.
(3) The inmate attains the custody classification needed for transfer to the site where the program is available.
(4) The inmate meets program or the treatment prerequisites.
DOC 302.10 Factors in assigning a program or treatment component. (1) The department may consider factors including but not limited to the following in assigning an inmate to a program or treatment component:
(a) Factors under s. DOC 302.07.
(b) Program or treatment prerequisites.
(c) The inmate's past performance in programs.
(d) Federal or state law requirements.
(2) The inmate may choose not to participate in program and treatment with an understanding that a refusal may affect custody classification and placement.
DOC 302.11 Purposes of A&E. The purposes of A&E shall be all of the following:
(1) To assess an inmate's risk under s DOC 302.04 (2).
(2) To determine an inmate's custody classification.
(3) To provide an inmate with orientation to the department.
(4) To assess an inmate's criminal and social background, sentence structure, and academic and vocational requirements.
(5) To evaluate an inmate's academic, vocational, medical, social, and treatment needs.
(6) To determine an inmate's treatment and program needs and priorities and coordinate these with custody classification and institution or program placement.
DOC 302.12 Applicability of the assessment and evaluation. (1) Every inmate shall participate in an assessment and evaluation or an alternative process as approved by the department. This process shall be completed as expeditiously as possible.
(2) The director may alter the scope, purpose and duration of the assessment and evaluation process to meet security and bed needs of the department.
DOC 302.13 Procedure for custody classification at conclusion of A&E. (1) The classification specialist shall do all of the following:
(a) Collect and review information pertaining to the inmate such as offense history, adjustment, risk factors, program goals and other relevant concerns.
(b) Interview the inmate and afford the inmate an opportunity to provide information.
(c) Document the inmate's views.
(d) Prepare a report that includes all of the following:
1. A summary of the information gathered through (a), (b) and (c).
2. A recommendation of custody classification, program or treatment needs, institution placement, and a date for program review not to exceed 12 months.
(2) The director shall review the recommendations and make a final custody classification decision.
(3) The department shall make available to the inmate a written copy of the decision.
DOC 302.14 Applicability of program review. The department shall monitor custody classification, risk rating, institution placement and program or treatment assignments for every inmate.
DOC 302.15 Purpose of program review. The purpose of program review is the following:
(1) To provide systematic review of the inmate's needs relating to education, medical, clinical, social, offense-related and other treatment needs.
(2) To assess the inmate's custody classification.
(3) To assess the inmate's motivation to become involved in treatment and programs.
(4) To secure program or treatment space as needed to permit the inmate to complete an assignment.
(5) To provide the inmate with supplemental or alternative treatment or program assignments.
(6) To provide a review of the inmate's adjustment, conduct and program participation.
(7) To evaluate the inmate's risk.
(8) To establish a date not to exceed 12 months for the next program review.
(9) To permit program review prior to the date set in (8) when one of the following occur:
(a) A significant change affecting custody, program or treatment assignments, or institution placement as determined by the classification specialist.
(b) An order of the director or warden.
(c) Referral by the institution adjustment committee as defined in s. DOC. 303.02 (1).
(10) To recommend placement changes to accommodate program objectives.
